HF 3998

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:05pm

A bill for an act
relating to health records; modifying circumstances in which a parent, guardian,
or other person may access health records of a minor; amending Minnesota Statutes
2020, section 144.292, by adding a subdivision; Minnesota Statutes 2021
Supplement, section 144.291, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2021 Supplement, section 144.291, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues involved
in the electronic exchange of health records between the entities for the delivery of patient
care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth, gender,
parent's or guardian's name regardless of the age of the patient, and other nonclinical data
which can be used to uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) "Medical emergency" means medically necessary care which is immediately needed
to preserve life, prevent serious impairment to bodily functions, organs, or parts, or prevent
placing the physical or mental health of the patient in serious jeopardy.

(g) "Patient" means a natural person who has received health care services from a provider
for treatment or examination of a medical, psychiatric, or mental condition, the surviving
spouse and parents of a deceased patient, or a person the patient appoints in writing as a
representative, including a health care agent acting according to chapter 145C, unless the
authority of the agent has been limited by the principal in the principal's health care directive.
deleted text begin Except for minors who have received health care services under sections 144.341 to 144.347, deleted text end
In the case of a minor, patient includes a parent or guardian, or a person acting as a parent
or guardian in the absence of a parent or guardian deleted text begin . deleted text end new text begin , except:
new text end

new text begin (1) for minors who have received health care services under section 144.341, 144.342,
or 144.344; and
new text end

new text begin (2) for minors who are age 16 or older and who have received health care services under
section 144.343, subdivision 1, or section 144.3441.
new text end

(h) "Patient information service" means a service providing the following query options:
a record locator service as defined in paragraph (j) or a master patient index or clinical data
repository as defined in section 62J.498, subdivision 1.

(i) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the services
under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A, 151, 153, or
153A;

(2) a home care provider licensed under section 144A.471;

(3) a health care facility licensed under this chapter or chapter 144A;

(4) an assisted living facility licensed under chapter 144G; and

(5) a physician assistant registered under chapter 147A.

(j) "Record locator service" means an electronic index of patient identifying information
that directs providers in a health information exchange to the location of patient health
records held by providers and group purchasers.

(k) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3, paragraph (b), of the provider releasing the health records.

Sec. 2.

Minnesota Statutes 2020, section 144.292, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Parent or guardian access to health record of a minor child. new text end

new text begin A provider
shall provide a parent, guardian, or person acting as a parent or guardian in the absence of
a parent or guardian with full electronic and physical access to the health record of the
parent's, guardian's, or person's minor child who is age 15 or younger, except as otherwise
provided by law.
new text end